Court docs: Victim, shooter participate in fatal shooting on video

A 30-year-old man has been arrested in the fatal shooting of a victim who was wearing a bulletproof vest and bragging he was about to take a "deuce deuce in the chest" in video recorded by a third person at the scene, according to court documents.

Police said Mark-Anthony Sandang Ramiro was arrested and charged in the shooting death of Darnell Mitchell, 28, during an incident in Ramiro's basement at 2208 Cedley Street in south Baltimore on Wednesday.

Police said the incident was filmed as Mitchell, who had been wearing a ballistics vest, was shot one time by Ramiro. The victim suffered a gunshot wound above the vest.

According to court documents, police were called when Mitchell walked into the Shock Trauma with Ramiro around 4 a.m. Wednesday. Despite medical efforts, police said Mitchell was pronounced dead at 4:07 p.m.

After getting a search warrant and processing the scene, police said they discovered a Cannon E07 digital camera with video on it of the shooting.

In that video, Mitchell was bragging that he was about to take a “deuce deuce in the chest” -- a shot from a .22-caliber bullet -- before Ramiro, who is seen standing in front of Mitchell, discharged the handgun one time, striking Mitchell just above the vest, according to charging documents.

The documents said Mitchell collapsed onto the floor and Ramiro dropped the gun. Ramiro and the person taking the video helped the victim, and then the video ended, according to court documents.

Investigators said they determined Ramiro was the suspect responsible for the fatal shooting by his clothing and unique tattoos on his left hand.

Police said Ramiro has been charged with first- and second-degree murder and handgun violations and is being held at the Baltimore City Central Booking and Intake Facility.

Detectives said they're still trying to identify the third man in the video.

Case could come down to definition of murder

A first-degree murder charge is generally defined as an unlawful killing that is deliberate and planned, but a big question in the case is whether Ramiro meant to kill his friend.

"I can't speak for the State's Attorney's Office. What I can tell you is this is an unfortunate situation that could have been avoided," said Sgt. Jarron Jackson, who would not say if police believe the shooting death may have been intentional.

An official at the State's Attorney's Office told 11 News that prosecutors felt the appropriate charge was second-degree murder, which is defined generally as an intentional killing that is not planned or premeditated, or a killing caused by dangerous conduct with a lack of concern for human life.

Byron Warnken, a long-time defense attorney and a University of Baltimore law professor, read the police report.

"I can't believe that this case would be first-degree murder," he said, but he explained that it is possible to prove it was planned. "Premeditation -- this computer (points toward the brain) works very rapidly. Premeditation can happen in a split, split second."

The court commissioner decided to add first-degree murder to the list of charges, not the State's Attorney's Office, 11 News learned.

WORKED TO PUT IT OUT. NO ONE WAS HURT, AND ALL LANES HAVE BEEN REOPENED. A CASE IN BALTIMORE CITY WHERE THE VICTIM WANTED TO GET SHOT BUT DID NOT EXPECT TO GET KILLED. GEORGE LETTIS IS LIVE FROM THE COURTHOUSE TO EXPLAIN THIS VERY BIZARRE CASE. IF THIS CASE EVEN GETS TO COURT, THE QUESTION WILL BE, WAS THIS A TERRIBLE ACCIDENT INVOLVING FRIENDS CHECKING OUT A BULLETPROOF VEST, OR SOMETHING MORE? IT MAY ALL COME DOWN TO THE JURIES INTERPRETATION OF FIRST-DEGREE MURDER. A KILLING CAPTURED ON VIDEO, FILMED IN MARK RAMIRO'S BASEMENT AT 2208 CEDLEY STREET. HE IS NOW CHARGED WITH KILLING DARNELL MITCHELL. POLICE SAY A THIRD PERSON IN THE BASEMENT RECORDED THE WHOLE THING ON A DIGITAL CAMERA. ACCORDING TO THE POLICE REPORT, THE VIDEO SHOWS DARNELL MITCHELL IN A BULLET-PROOF VEST BRAGGING TO THE CAMERA THAT HE IS ABOUT TO TAKE A "DEUCE DE UCE" TO THE CHEST. IN OTHER WORDS, A .22 CALIBER BULLET, BUT WHEN RAMIRO FIRED THE SHOT IT HIT MITCHELL ABOUT THE CHEST, GETTING RAMIRO A FIRST-DEGREE MURDER CHARGE, DEFINED GENERALLY AS AN UNLAWFUL KILLING THAT IS DELIBERATE AND PLANNED. POLICE SAY RAMIRO TOOK MITCHELL TO SHOCK TRAUMA, WHERE HE WAS PRONOUNCED DEAD 10 MINUTES LATER. AFTER CONSULTING WITH THE STATE'S ATTORNEY'S OFFICE, POLICE CHARGED RAMIRO WITH HANDGUN VIOLATIONS AND SECONDARY -- SECOND-DEGREE MURDER AND FIRST-DEGREE MURDER. THIS IS AN UNFORTUNATE INCIDENT THAT COULD HAVE BEEN AVOIDED. PROSECUTORS FELT THE APPROPRIATE CHARGE WAS SECOND-DEGREE MURDER, WHICH IS DEFINED GENERALLY AS AN INTENTIONAL KILLING THAT IS NOT PLANNED OR A KILLING CAUSED BY DANGEROUS CONDUCT WITH A LACK OF CONCERN FOR HUMAN LIFE. A LONG TIME DEFENSE ATTORNEY AND UNIVERSITY OF BALTIMORE LAW PROFESSOR READ THE POLICE REPORT -- I CANNOT BELIEVE THIS CASE WOULD BE FIRST-DEGREE MURDER. BUT HE SAYS IT IS POSSIBLE TO PROVE IT WAS PLANNED. PREMEDITATION, THIS COMPUTER WORKS VERY RAPIDLY. PREMEDITATION CAN HAPPEN IN A SPLIT SECOND. THE STATE POSSIBLY A ATTORNEY'S OFFICE -- STATE'S ATTORNEY'S OFFICE SAYS IT BELIEVES SECOND-DEGREE MURDER IS THE APPROPRIATE CHARGE, BUT THE COMMISSIONER DECIDED TO ADD FIRST-DEGREE MURDER TO THE LIST OF CHARGES. POLICE ARE NOT GOING INTO WHETHER THEY BELIEVE THE SHOOTER